Loan agreement: person to person; secured by guarantee

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An agreement between a human individual lender and borrower. The loan is secured with a guarantee by a third party, who may be a friend, relative or business partner. It is likely to be used for family and friends loan arrangements as well as arms length business deals. Strong provisions to protect the lender. Options for alternative repayment provisions and lender actions if borrower defaults.

About this loan agreement

This lawyer drawn agreement covers many critical corners of the law relating to loan agreements. It has been drawn to protect the Lender strongly. It provides for a guarantor but the option can be deleted if not required. We strongly advise a lender to insist on a guarantor.

There is no provision for a company lender or borrower in this agreement, nor for additional security. If those are required, see the selection at Loan agreement templates.
This is a simple but flexible agreement providing all the commonly required options.

When to use this loan agreement

The lender and the borrower are two individuals

Suitable for personal loans to family and friends

Either or both parties may be in the Republic of South Africa or abroad

Flexible for loans of any size and repayment terms of any complexity

The law in this loan agreement

There is little statutory regulation relating to an agreement of this nature, so you can make more or less the deal you choose.

Alternatives to this loan agreement

Net Lawman offers a variety of documents. Choose the one which suit you best.